191802184-7-21-2022-33-CC-CGUA-CGSPF7-20220729111614

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 191802184
Report Date: 07/21/2022
Date Signed: 07/21/2022 01:41:05 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/09/2022 and conducted by Evaluator Betty Bell

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220509135027

FACILITY NAME:	WESTMINSTER CHILD CENTER		FACILITY NUMBER:	191802184
ADMINISTRATOR:	SAIRA ALTAMIRANO		FACILITY TYPE:	850
ADDRESS:	4848 EAGLE ROCK BLVD		TELEPHONE:	(323) 256-8086
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90041
CAPACITY:	100	CENSUS: 15	DATE:	07/21/2022
		UNANNOUNCED	TIME BEGAN:	11:30 AM
MET WITH:	Director Kanishia Long		TIME COMPLETED:	01:50 PM

ALLEGATION(S):

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Staff member uses inappropriate forms of punishment

INVESTIGATION FINDINGS:

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An unannounced, in-person follow up Complaint inspection was conducted on this date by Licensing Program Analyst (LPA) Emiko Bell. Upon arrival, LPA was greeted and let into the Center by Director Kanishia Long, to whom the purpose of the inspection was announced. The purpose of the inspection was to provide the findings of the Complaint investigation.

LPA and staff wore face coverings the duration of the inspection as a precautionary measure against COVID-19. In addition, the COVID-19 screening questions were posed and Director Long’s responses were documented on LIC185.

11:35-Director Long guided LPA on a tour to take census. Rm. 1, the Busy Bees, was outside eating--there was one staff and five children; rm. 2, the Butterflies, were also outside eating;--there was one staff with four children; rm. 5, the Dragonflies, were in their classroom-- there was one staff with six children . Staff-child ratio was met. Alll staff have Criminal Background Clearance and are associated.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 1 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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Throughout the course of the investigation, a copy of the Child Care Facility Roster; the "Class list" for each classroom; the Personnel Report; the "Letter of Intent" for Staff #1 & Staff #2; four Incident Reports for Child #1, a signed Admission Agreement and "COVID-19 Public Health Emergency Special Program Attendance Acknowledgement and Disclosure" for Child #1, as well as a copy of the Employee Handbook (updated October 2021) were obtained by LPA. In addition, LPA reviewed the files of six staff and of Child #1 and took a photo of the play structure in the shape of a boat. LPA conducted interviews with six staff and the Reporting Party. A copy of the current Parent Handbook was requested by LPA but was not provided

-Pertaining to the allegation that “Staff member uses inappropriate forms of punishment”:

This refers to the allegation that Staff #1 (S1) allegedly put Child #1 (C1) on time out and isolated them as a sole use of punishment. In particular, C1 had mentioned being made to sit alone on a chair inside of the classroom and being made to sit alone in the boat on the playground during outside play time.

The allegation was filed by the Reporting Party (RP) not because of the use of time out, but because based on conversations RP had with Staff #6 (S6), progressive discipline is supposed to be used, in the form of re-direction, then time out, then having the child speak to the Director; in addition, per S6, children are not supposed to be isolated during time out—they are supposed to sit next to a teacher.

When asked where the chair is when C1 is sitting on it, RP admitted to not knowing and that C1 had not informed RP that C1 had to sit on the chair as a form of punishment—that it was S1 who had disclosed this during a meeting. RP disclosed that when C1 is frustrated, they need to move

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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their body and that it was the fact that C1 was being made to sit on a chair that bothered S1 more than anything.

Disclosures made by staff during interviews conducted indicate that staff are not aware of the Center’s discipline policy and that each teacher was allowed to discipline children in their own way, using their own individual system.

In general, when asked about their own individual discipline system, all staff stated that they talk to the child(ren), then put the child on time out prior to calling the Director to assist with the child, which corroborates what RP stated that S6 had told them. One staff disclosed that that talk to the child then call the Director--as they don’t like time out--while another staff disclosed that they talk to the child at least three times before putting them on time out.

On page 30 of the “Employee Handbook” (updated October 2021), the progressive disciplinary steps listed are: Coach, Redirect, Intervention (if an immediate reoccurrence), Teacher Choices, and “Come be with me.” Coaching and Intervention can both be summarized as talking to the child; while “Teacher choices” is described as “not a time out,” but more of separating the child from others--finding a separate place for this child to play or work. “Come be with me” is time out with the teacher or the Director.

All staff thus seem to be implementing the progressive discipline policy as outlined in the “Employee Handbook,” though they are not aware that they are. None of these steps are necessarily a violation of the child’s personal rights or an “inappropriate form of punishment” (with certain parameters). However, this allegation refers to S1 allegedly placing C1 on time out and isolating them as a sole use of punishment

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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When asked about the discipline policy S1 uses on children, S1 stated “remind them of the rules, redirect, time out, then call the Director.” When asked whether these same steps were taken by S1 when it came to C1, S1 said yes, but that C1 needed “extra, extra reminders.” When asked what the primary form of discipline used with C1 was, S1 admitted that it was having C1 sit by themselves, as C1 normally could not keep their hands to themselves. Per S1, C1 could still be a part of the activity. During the 05/16/22 inspection, LPA observed C1 to be sitting on the picnic bench during outside play time; S1 was standing next to C1. When LPA asked why C1 was on the bench, S1 had stated that C1 had thrown sand at another child. When asked whether S1 ever made C1 sit alone in the boat on the playground as a form of punishment, S1 denied this, stating that having a child sit in a toy while on the playground isn’t punishment, adding that C1 would sometimes lay on the grass or sit in the boat by themselves of their own accord before rejoining the other children.

Though S1 admitted to having S1 sit by themselves, as S1 claims to have given C1 reminders prior to having C1 sit by themselves, and as S1 is responsible for the physical well-being/ensuring that the personal rights of other children in the classroom are not violated by being physically harmed by another child, and as there were no witnesses in the classroom to corroborate or to refute that S1 did not coach or redirect C1 prior to putting C1 on a chair on time out, the allegation has been determined to be Unsubstantiated.

This agency has investigated the complaint alleging that “Staff member uses inappropriate forms of punishment” and that there was a violation of Title 22, Division 12, Chapter 1, Article 06, Section 101223 Personal Rights. Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated. A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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the alleged violation did or did not occur.

No deficiencies are being cited for the allegation listed above.

A Notice of Site Visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview conducted and report was reviewed with Director Kanishia Long

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 5 of 10

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/09/2022 and conducted by Evaluator Betty Bell

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220509135027

FACILITY NAME:	WESTMINSTER CHILD CENTER		FACILITY NUMBER:	191802184
ADMINISTRATOR:	SAIRA ALTAMIRANO		FACILITY TYPE:	850
ADDRESS:	4848 EAGLE ROCK BLVD		TELEPHONE:	(323) 256-8086
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90041
CAPACITY:	100	CENSUS: 15	DATE:	07/21/2022
		UNANNOUNCED	TIME BEGAN:	11:30 AM
MET WITH:	Director Kanishia Long		TIME COMPLETED:	01:50 PM

ALLEGATION(S):

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Staff failed to accommodate daycare child

INVESTIGATION FINDINGS:

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 6 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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Throughout the course of the investigation, a copy of the Child Care Facility Roster; the "Class list" for each classroom; the Personnel Report; the "Letter of Intent" for Staff #1 & Staff #2; four Incident Reports for Child #1, a signed Admission Agreement and "COVID-19 Public Health Emergency Special Program Attendance Acknowledgement and Disclosure" for Child #1, as well as a copy of the Employee Handbook (updated October 2021) were obtained by LPA. In addition, LPA reviewed the files of six staff and of Child #1 and took a photo of the play structure in the shape of a boat. LPA conducted interviews with six staff and the Reporting Party (RP). A copy of the current Parent Handbook was requested by LPA but was not provided

-Pertaining to the allegation that “Staff failed to accommodate daycare child”:

This allegation refers to the staff not permitting children to get off of their cot during naptime, even if they are not tired or sleeping. RP alleges that by not giving the child a quiet activity, the staff are failing to accommodate RP’s child.

The Center’s hours scheduled naptime is from 12:30-02:30 pm. The children from all four classrooms are combined into Montgomery Hall, which has hardwood floors, a kitchen area and a restroom with a urinal and two toilets past the kitchen area. The children nap on cots which are covered with their own bed sheets as well as their own pillow, if they bring one. During naptime, lyrical-less music is played at an acceptable and the air-conditioner is on, providing ventilation. The area is light enough that children can be seen, though light is not so overwhelming as to disturb the children. As there is plenty of space, children are spaced enough apart that there is a walkway between each cot. Teachers can either sit on regular-size chairs to tower over the children or fabric chairs which are lower to the ground, at the children’s level.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 9 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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Of the six staff interviewed, one is not present during naptime. The remaining five staff all provided corroborating statements that children are forced to stay on their cots, regardless if they fall asleep or not--they are only permitted off of their cot if they state that they need the restroom. While on the cots, they are told to not be disruptive, meaning no physical or verbal noises can be made which can be heard by staff or the child is reprimanded or their back is rubbed to get them to stop. A quiet activity is not provided by the Center—parents are asked to provide a book, a stuffed animal or a family photo to provide comfort to the child. If a parent does not or forgets, the child must just stay on their cot for the two hours each day.

On 07/20/22, LPA Bell conducted a ten-minute observation during naptime, from 12:50-01:00 pm. There were 11 children and two staff present, as well as one cot which was set up, though the child was absent. Of the 11 children in the napping area, seven were observed to be awake and four were napping/had their eyes shut. In the ten minutes LPA was present, two more children appeared to doze off. Of the seven who were originally awake, one was talking to a stuffed animal and one was quietly talking to either themselves or the child next to them; one staff was sitting on regular-size chair and one staff was rubbing the back of a child--once the child appeared to doze off, the staff moved to rub the back of another child.

When asked whether children have always been forced to stay on their cots and stay quiet during naptime, even if they don’t fall asleep, Staff 4 (S4) stated that no, children used to be divided between those who napped and those who didn’t and those who didn’t were permitted to play outside; if they stated they were tired, they could then go rest or nap in the napping room. When asked why that changed, S4 stated that subsequent Directors have stated that Licensing requires children to stay on cots for at least two hours at a time per day, unable to make noise and unable to do a quiet activity.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 7 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 07/21/2022

NARRATIVE

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Article 06, Section 101223 "Personal Rights." The complaint alleged that ““Staff failed to accommodate daycare child.” Based upon the evidence as presented above, the allegation has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 101223 "Personal Rights" is being cited on the attached LIC 9099D.

Please refer to 9099D for documentation of deficiencies.

A Notice of Site Visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview conducted and report was reviewed with Director Kanishia Long

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 8 of 10

Control Number 33-CC-20220509135027

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/21/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 08/05/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	PERSONAL RIGHTS The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.	1 2 3 4 5 6 7	Director stated she will discuss with the staff that children have access to the books in the bin and discuss with the parents that the children can bring a photo or a stuffed animalrovide a quiet activity/stuffed animal for each child. A staff mtg will be held on 08/05/22 and the Agenda and sign-in sheet will be emailed
	8 9 10 11 12 13 14	-This requirement is not met as evidenced by: The Center forces children to stay on their cots for two hours, without providing an alternative, quiet activity, even if the child does not nap, permitting them to off of their cot only to use the restroom. This poses a potential health, safety and/or personal rights risk to the children in care.	8 9 10 11 12 13 14	to LPA Bell.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 07/21/2022

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/21/2022

LIC9099 (FAS) - (06/04)

Page: 10 of 10